litigation

Intellectual Property Analysis of DownUnder Wireless LLC’s Inverted Safety Antenna Patent referenced in DownUnder Wireless, LLC v. Samsung Electronics America, Inc. et al.

The November 20, 2009 lawsuit with Samsung Electronics America, Inc., Sprint Nextel Corp., Walmart Stores Inc., and others, was the most recent in a string of litigation DownUnder Wireless, LLC had filed against cell phone manufacturers, providers and retailers. On May 27, 2010, nearly 20 of the defendants filed a joint motion to dismiss the suit after agreeing to cooperate with DownUnder Wireless, presumably paying a licensing fee in the process.

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Analysis of the Intellectual Property behind the Dell v. Hewlett-Packard Bidding War for 3PAR, Inc.

This week’s Patently Obvious report focuses on the patent holdings of 3PAR, Inc. On September 2, 2010, Hewlett-Packard weathered a bidding war with Dell Computer for 3PAR, offering $2.3 billion, or $24 a share, for the company -- almost $1.15 billion more than Dell's original offer for the company.

In the frenzy of attempting to place the winning bid, neither HP nor Dell fully considered the potential liabilities associated with owning 3PAR's intellectual property. For $2 billion, HP may have purchased the right to settle over $3 billion of new patent lawsuits.

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Analysis of the Intellectual Property behind Sanofi-Aventis' proposed acquisition of Genzyme

This week’s Patently Obvious report focuses on the patent holdings of Genzyme Corporation (NASDAQ:GENZ). On August 30th French drug maker Sanofi-Aventis SA (NYSE:SNY) went public with their offer to acquire Genzyme. The offer, at $69 dollars a share for a $18.5 billion total price, was rejected by Genzyme.

Sanofi-Aventis will have to fully consider the potential liabilities associated with owning Genzyme's intellectual property before increasing their bid. Genzyme has faced a slew of troubles recently and the cracks run deeper than the surface.

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ArcSight: HP Bets Long on the Collapse of the Patent System

This week’s Patently Obvious report focuses on the patent holdings of ArcSight, Inc. On September 13, 2010, Hewlett-Packard entered into an agreement to buy ArcSight, a leading security and compliance management company, for $43.50 per share, for a total purchase price of $1.5 billion. ArcSight had been shopping itself around to several large technology companies, several of which reciprocated in their interest.

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Isilon Systems: Traversing the Acquisition Minefield

This week’s Patently Obvious report focuses on the patent holdings of Isilon Systems, Inc. M&A activity in the technology sector has heated up dramatically in the past month as companies scramble to strengthen their IP positions and acquire key personnel. News of imminent rollups in the storage and security sectors specifically has driven speculation into the identity of the next impending targets.

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Intellectual Property Analysis of Visa, Inc.

This week’s Patently Obvious report focuses on the patent holdings of Visa, Inc. With the Wall Street Reform and Consumer Protection Act recently signed into law on July 21, 2010, major credit card companies have found themselves the recipients of new financial regulatory restrictions due to the Durbin amendment.

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Dot Hill Systems and CommVault Systems: Reading Between the Hype

This week’s Patently Obvious report focuses on the patent holdings of Dot Hill Systems and CommVault Systems. M&A activity in the technology sector continues to be white-hot in the wake of Hewlett-Packard’s acquisition of ArcSight and 3PAR. As in previous weeks, news of imminent rollups in the storage and security sectors has driven further speculation into the identity of the next impending targets.

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Intellectual Property Analysis of Mirror Worlds LLC v. Apple Inc.

This week’s Patently Obvious report focuses on the patent holdings of Mirror Worlds Technologies, Inc., namely those highlighted in Mirror Worlds LLC v. Apple Inc., 08cv88, U.S. District Court for the Eastern District of Texas.

Apple has historically been quite successful at predicting consumer preferences and has capitalized on their foresight to drive consumer demand. Their enviable position of success has opened the door to both legitimate and opportunistic lawsuits concerning their intellectual property.

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Intellectual Property Analysis of Microsoft Corporation v. Motorola Inc.

Microsoft, a 10 year veteran of mobile operating systems has stumbled in the space due to the failure of its Kin phone, forcing a reorganization of its consumer product unit. In a bid to regain lost ground in the mobile phone arena, Microsoft has put its vast resources behind the new Windows Phone 7 operating system. On October 1, 2010, on the eve the of Windows Phone 7 release, Microsoft sued Motorola, claiming that Motorola's mobile phones infringed on nine of its patents.

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